Man who bought the prototype iPhone 4 a year ago will not be charged after all

This week, the District Attorney of San Mateo County announced that no charges would be brought against Gizmodo writer Jason Chen for purchasing a stolen iPhone 4 prototype last spring. Chen and Gizmodo made headlines when they purchased an iPhone 4 prototype that had been found in a bar by a man named Brian Hogan. Hogan and his friend Sage Wallower sold the phone to Gizmodo after attempts to return it to Apple failed. Chen’s office was later raided and his computers and other electronics seized as part of the investigation into the missing prototype.
The DA’s office released a statement yesterday announcing that both Hogan and Wallower would be charged for their part in the incident.
“Brian Hogan, 22, of Redwood City was charged with one count of misappropriation of lost property, and Sage Wallower, 28, of Emeryville, was charged with misappropriation of lost property, and possession of stolen property,” the statement reads. “Their arraignment is scheduled for Thursday, August 25, 2011 at 9:00 in Redwood City.”
The DA said that no charges would be filed against employees of Gizmodo.
Gawker released its own statement confirming the news and said it’s happy things have been straightened out:
“We are pleased that the District Attorney of San Mateo County, Steven Wagstaffe, has decided, upon review of all of the evidence, that no crime was committed by the Gizmodo team in relation to its reporting on the iPhone 4 prototype last year. While we have always believed that we were acting fully within the law, it has inevitably been stressful for the editor concerned, Jason Chen, and we are glad that we can finally put this matter behind us.”











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